What do I do if the at-fault drivers insurance wont pay?

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What do I do if the at-fault drivers insurance wont pay?

Who is a lawyer I can contact?

Asked on February 19, 2018 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You sue the at-fault driver: that's how you get money when neither the driver nor his insurer chooses to voluntarily pay you. (All payments, except when ordered by a court after a lawsuit, are voluntary.) You sue the driver, since the driver damaged your car; you don't sue his insurer, because his insurer is *his* insurer, not yours--it has no duty or obligation to you, but rather only has an obligation to pay on behalf of its insured (the other driver) if and when a court orders him to pay. You would need to prove the other driver's fault in court, such as through your own testimony, other eye witness testimony, and the testimony of the police officer (whom you would have to subpoena to appear) who issued the report finding fault.


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